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2019 (3) TMI 1609

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..... was appointed as IRP on 26.07.2018. Thus there is justification for exclusion of these three days, which was lost on account of non-appointment of IRP - Hence an exclusion of this period, i.e. Three days for computation of CIRP period can granted. However, the exclusion of 31 days from 26.10.2018 to 26.11.2018 is concerned, this period cannot be excluded. Application allowed in part. - M.A. .....

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..... ht exclusion of this three days for computation of the statutory period for completion CIRP. 4. It is further stated by the Resolution Professional that in the first Committee of Creditors Meeting held on 21.08.2018 the Financial Creditors decided not to continue IRP Mr. Neelesh Gupta as Resolution Professional and appoint new Resolution Professional pursuant to Section 22 .....

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..... of resolution process:- ( i) If the corporate insolvency resolution process is stayed by a court of law or the Adjudicating Authority or the Appellate Tribunal or the Hon ble Supreme Court. ( ii)If no Resolution Professional is functioning for one or other reason during the corporate insolvency resolution process, such as removal. .....

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..... stances which justify the exclusion of certain period. 7. It is pertinent to mention that this Petition was Admitted by this Tribunal vide Order dated 23.07.2018, but Mr Neelesh Gupta was appointed as IRP on 26.07.2018. Thus there is justification for exclusion of these three days, which was lost on account of non-appointment of IRP. Hence an exclusion of this pe .....

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